State v. Griffith, No. 47647

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHAYS
Citation45 N.W.2d 155,241 Iowa 1328
Decision Date12 December 1950
Docket NumberNo. 47647
PartiesSTATE v. GRIFFITH.

Page 155

45 N.W.2d 155
241 Iowa 1328
STATE

v.
GRIFFITH.
No. 47647.
Supreme Court of Iowa.
Dec. 12, 1950.

[241 Iowa 1329] Theodore F. Mantz, Des Moines, Dalton & Dalton, Atlantic, for appellant.

Robert L. Larson, Atty. Gen. of Iowa, Don Hise, First Asst. Atty. Gen., John E. Budd, Cass County Atty., Atlantic, for appellee.

HAYS, Justice.

Defendant was indicted and tried for the crime of rape of a female under the age of sixteen years, contrary to Section 698.1, Code 1946, I.C.A. He was convicted of the included offense of assault with intent

Page 156

to commit rape. Judgment was entered accordingly and defendant appeals. He submits his appeal in three divisions. I. Appellant asserts the court erred in overruling his motion for a directed verdict. Nothing would be gained by a recitation of the facts testified to by the State's witnesses. It is sufficient to say that this testimony, if believed by the jury and it apparently was, is amply sufficient to sustain a verdict of rape. II. Appellant contends that the court erred in refusing to give requested instructions Nos. 1, 4, 6, 7, 8 and 10. We will briefly examine them.

(1), in substance requested that the jury be told that 'rape is a thing easy to charge, hard to disprove'. This is probably correct as a statement and might well be given, but it is not error to refuse to give it. State v. Trusty, 122 Iowa 82, 97 N.W. 989.

[241 Iowa 1330] (4), in substance says that defendant is entitled to all inferences that may be drawn from the evidence consistent with innocence. The court amply protected the defendant's interests by instructing that the defendant was presumed to be innocent and all doubts should be resolved in his favor.

(6 and 7), these state that the corroboration must be established beyond reasonable doubt. State v. Smith, Iowa, 193 N.W. 181, cited by appellant would seem to so hold. However it is in effect overruled by State v. Lahmon, 231 Iowa 448, 1 N.W.2d 629, 630, wherein it is said 'The language of the Code section (782.4 Code 1946, I.C.A.), itself, is the authoritative measure of the required corroboration. * * * It need only 'tend' to connect him with the commission of the offense to the end that the jury may say that they have no reasonable doubt of his guilt.'

(8), is to the effect that a witness may be impeached by proof of having made contradictory statements. The basis of this request is that the prosecuting witness testified that she was not undressed while the two corroborating witnesses testified that she was. This is not impeachment...

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8 practice notes
  • State v. Feddersen, No. 47478
    • United States
    • United States State Supreme Court of Iowa
    • 25 Junio 1975
    ...easy to charge and difficult to disprove may be given where appropriate but no error attends a refusal to give it. See State v. Griffith, 241 Iowa 1328, 1329, 45 N.W.2d 155 Now, however, we specifically disapprove the giving of such an instruction. This instruction had its genesis in a stat......
  • State v. Kraai, 19-1878
    • United States
    • United States State Supreme Court of Iowa
    • 28 Enero 2022
    ...491 alone, to convict her assailant. See State v. Feddersen , 230 N.W.2d 510, 514 (Iowa 1975) [(en banc)] (citing State v. Griffith , 241 Iowa 1328, 45 N.W.2d 155 (1950) ). That pernicious and outdated caution is dubbed the Lord Hale instruction, named for England's Sir Matthew Hale, chief ......
  • State v. Anderson, No. 56895
    • United States
    • United States State Supreme Court of Iowa
    • 16 Octubre 1974
    ...statutory rape on imbecile); State v. Brown, 216 Iowa 538, 245 N.W. 306; State v. Ingram, 219 Iowa 501, 258 N.W. 186; State v. Griffith, 241 Iowa 1328, 45 N.W.2d 155; State v. Kramer, 252 Iowa 916, 109 N.W.2d 18; State v. Young, 172 N.W.2d 128, 130 (Iowa) ('The trial court instructed the ju......
  • State v. Thomas, No. 53114
    • United States
    • United States State Supreme Court of Iowa
    • 12 Noviembre 1968
    ...contradictory statements which have been made out of court and which are at variance with the testimony at the trial.' State v. Griffith, 241 Iowa 1328, 1330, 45 N.W.2d 155, 156. It is within the court's discretion to permit a witness to correct testimony previously given. 98 C.J.S. Witness......
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8 cases
  • State v. Feddersen, No. 47478
    • United States
    • United States State Supreme Court of Iowa
    • 25 Junio 1975
    ...easy to charge and difficult to disprove may be given where appropriate but no error attends a refusal to give it. See State v. Griffith, 241 Iowa 1328, 1329, 45 N.W.2d 155 Now, however, we specifically disapprove the giving of such an instruction. This instruction had its genesis in a stat......
  • State v. Kraai, 19-1878
    • United States
    • United States State Supreme Court of Iowa
    • 28 Enero 2022
    ...491 alone, to convict her assailant. See State v. Feddersen , 230 N.W.2d 510, 514 (Iowa 1975) [(en banc)] (citing State v. Griffith , 241 Iowa 1328, 45 N.W.2d 155 (1950) ). That pernicious and outdated caution is dubbed the Lord Hale instruction, named for England's Sir Matthew Hale, chief ......
  • State v. Anderson, No. 56895
    • United States
    • United States State Supreme Court of Iowa
    • 16 Octubre 1974
    ...statutory rape on imbecile); State v. Brown, 216 Iowa 538, 245 N.W. 306; State v. Ingram, 219 Iowa 501, 258 N.W. 186; State v. Griffith, 241 Iowa 1328, 45 N.W.2d 155; State v. Kramer, 252 Iowa 916, 109 N.W.2d 18; State v. Young, 172 N.W.2d 128, 130 (Iowa) ('The trial court instructed the ju......
  • State v. Thomas, No. 53114
    • United States
    • United States State Supreme Court of Iowa
    • 12 Noviembre 1968
    ...contradictory statements which have been made out of court and which are at variance with the testimony at the trial.' State v. Griffith, 241 Iowa 1328, 1330, 45 N.W.2d 155, 156. It is within the court's discretion to permit a witness to correct testimony previously given. 98 C.J.S. Witness......
  • Request a trial to view additional results

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